Opinion No. (2004)

BILL LOCKYER Attorney General DANIEL G. STONE Deputy Attorney General THE HONORABLE MANNY DIAZ, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: May a school district use Proposition 39 school bond proceeds to pay the salaries of district employees who perform administrative oversight work on construction projects authorized by a voter approved bond measure? CONCLUSION A school district may use Proposition 39 school bond proceeds to pay the salaries of district employees to the extent they perform administrative oversight work on construction projects authorized by a voter approved bond measure. ANALYSIS On November 8, 2000, California voters approved Proposition 39, which amended the Constitution to allow the issuance of bonds for the construction of school facilities if approved by 55 percent of a school district's voters and if specified conditions are met. 1 Among other things, subdivision (b)(3) was added to section 1 of article XIIIA of the Constitution, providing that the one percent property tax limitation does not apply to: "Bonded indebtedness incurred by a school district, community college district, or county office of education for the…